5120010394811 Brand Name JARedacted.pdf

General Services Administration (GSA) Heartland Acquisition Center (HAC)

Justification for Other Than Full and Open Competition 13.106-1(b), Brand Name under the Simplified Acquisition Threshold (SAT)

Applicable Requisition Numbers based on current order: PEGA5N40576395

Identification of the Contracting Activity responsible for the acquisition.

The contracting activity is the General Services Administration, Facilities and Hardware Supply Chain Management Contracting Division (SCM), General Supplies and Services (GSS) Federal Acquisition Service, at 2300 Main Street, Kansas City, MO 64108 in support of the Requiring Agency: Department of the Army, Egyptian Armament Division.

Nature and/or description of the action being approved.

The procurement of the brand-name NSN in this acquisition is essential to the Government’s requirements. The end-user has a requirement for engineering approved brand name NSN 5120-01-039-4811. Caterpillar Inc. part number 1P0520 is exclusively used with Caterpillar Inc.

engines and its design is proprietary.

A description of the supplies or services required to meet the agency’s needs (including the estimated value).

5120-01-039-4811, Bushing Driver Set, Caterpillar Inc. p/n: 1P0520

Estimated Dollar Value based on current orders: $3,073.00 (each), Qty 10 for a Total Estimated Dollar Value: $30,730.00.

An identification of the statutory authority permitting other than full and open competition.

In accordance with FAR 13.106-1(b)(1) - Brand Name procurement under SAT

A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The Foreign Military Sales contract with NAVSEA PMS-326 has 4 Fast Missel Craft (FMC) stationed at Abu Qir naval station in Egypt. Each FMC has 3 Caterpillar Ship Service Diesel Generators (SSDG).

Caterpillar requires only Caterpillar parts be used for Caterpillar equipment, otherwise the warranty is voided as this part number is proprietary to Caterpillar. Caterpillar Inc. part number 1P0520 is needed to repair and maintain the SSDGs for the FMC’s in Egypt to maintain operations readiness. This requirement limits the ability to write a competitive description to allow for parts that are like or equal to Caterpillar part number 1P0520.

Docusign Envelope ID: 12AD3DB3-1D63-40B7-AD8E-1FD742AAA0E4

A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

This approved justification will be posted to Sam.gov IAW FAR subpart 5.2 to ensure as many sources as possible are solicited and notified of the Request for Quote (RFQ). All known interested sources will also be notified via email of the RFQ posting.

A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Proposed quotes will be evaluated on a Lowest Price Technically Acceptable (LPTA) basis and for fair and reasonable pricing. If no competitive quotes are received, historical review of pricing may be used to review price reasonableness.

A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted on the NSN required. GSA Advantage showed zero results for this NSN, thus no vendors offered the puller on their Multiple Award Schedule (MAS). Past purchasing history showed two vendors that have sold GSA via the open market this item since March 2023. Both vendors conduct business with the government and are registered on SAM.gov.

Any other facts supporting the use of other than full and open competition, such as:

All facts supporting the use of other than full and open competition are stated within this document.

A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Two vendors have historically supplied this NSN:

This is a brand name requirement, any contractor able to supply the brand name and part number requested will be considered for award based on the evaluation criteria set forth in the Request for Quote (RFQ). The synopsis/posting will be placed on SAM.gov.

A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Initial Supply Support Requests (SSRs) to establish any NSN as brand name is relied upon the initial research documentation from the end-user. NSN 5120-01-039-4811 remains an approved brand name NSN per GSA engineering email dated August 6, 2024 referencing that Caterpillar requires use of their specific tool in order not to void the warranty on their equipment. As orders are received via GSA’s Order Management System (OMS) over the micro-purchase threshold, acquisition will continue to verify the brand name eligibility with GSA engineering and/or with end-users to ensure validity of the brand name requirement. Additionally, acquisition will reach out to engineering at a minimum of every 18 months (FAR 10.002(b)(1)) to ensure the NSNs IPD remains valid.

GSA has also posted an RFI to SAM.gov under sources sought number 47QSSC-24-FH-BRANDNAMERFI for industry feedback to exceptions on any brand name NSNs listed on the attached spreadsheet. The goal is to find any alternative products that have been innovated since NSN inception with the same unique feature of the brand name item where engineering can determine acceptability and potentially re-write the NSNs IPD to an ‘or equal’ description. There are 3,479 NSNs on the RFI spreadsheet, including NSN 5120-01-611-5985. The RFI was originally posted April 25, 2024 and to date no responses from industry have been received. The RFI remains posted and will be refreshed annually.

The Contracting Officer certifies that this Justification for Other Than Full and Open Competition is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

Prepared By:

Amanda Acosta Contract Specialist General Services Administration, HAC

Approved by:

Amanda B. Foley Contracting Officer General Services Administration, HAC